Imnau Holdings faces Mackay court over alleged repair delays to Old Commonwealth Bank

The new buyer of an abandoned heritage-listed building in the Mackay CBD could face hefty repair bills after its current owner allegedly failed to comply with orders to fix it.

The owner of the Old Commonwealth Bank at 63 Victoria St in Mackay has been charged over allegedly failing to carry out repairs as ordered. Picture: Heidi Petith, June 13, 2024.

The new buyer of a decrepit, abandoned heritage-listed building in the Mackay CBD could face hefty repair bills after its current owner allegedly failed to comply with orders to fix it.

Imnau Holdings, which purchased the property at 63 Victoria St in 2007, has been charged with three counts of contravening an enforcement notice, Mackay Magistrates Court heard.

The Department of Environment, Science and Innovation issued the notice for the property, also known as the Old Commonwealth Bank, in 2022, eight years after refurbishment works were brought to a halt in 2014.

The notices required Imnau to install cross-bracing, reinstate the first-floor veranda as well as a gutter and plumbing, and repair rendering and front columns on the building’s exterior.

The owner of the Old Commonwealth Bank at 63 Victoria St in Mackay has been charged over allegedly failing to carry out repairs as ordered. Picture: Heidi Petith, June 13, 2024.

Solicitor Hannah Lucy Riggs, of Carter Newell Lawyers, represented Imnau Holdings before the court as she explained the company was now in the hands of the 73-year-old Indonesian widow of Graeme Imnau after his death in 2021.

“The husband had sole control of the business ... she now has sole directorship of the company and is trying to tie up the loose ends of the business but has no business acumen whatsoever unfortunately,” Ms Riggs said over the phone as she asked Magistrate Damian Dwyer to consider adjourning the case for three months.

Contract entered to buy old bank

She said they sought the adjournment as a contract of sale had been entered into for the property on May 20, which was subject to a 60 day due diligence and finance period “and followed by 30 days after that, settlement”.

“That has an effect in that the works that are required by the department are unable to be done financially by our client,” Ms Riggs said, adding she did not have instructions as to whether they would plead guilty to the charges.

The owner of the Old Commonwealth Bank at 63 Victoria St in Mackay has been charged over allegedly failing to carry out repairs as ordered. Picture: Heidi Petith, June 13, 2024.

Mr Dwyer said he would issue a warrant if the defendant did not appear at the next mention.

“I’m not going to just push this down the road because somebody doesn’t understand business,” he told Ms Riggs.

“With all due respect, this was first mentioned on the 1st of March, they’ve now had over three months to get that advice.”

Ms Riggs responded Imnau had received ongoing advice which was to sell the property so works could proceed “which is why we’ve asked the indulgence of the court to assist”.

The owner of the Old Commonwealth Bank at 63 Victoria St in Mackay has been charged over allegedly failing to carry out repairs as ordered. Picture: Heidi Petith, June 13, 2024.

Ms Riggs said Mr Arman, before developing dementia in 2017, had a “long” back-and-forth history with the state government regarding exemption certificates after restoration works stopped in 2014.

Mr Dwyer retorted Imnau Holdings was told in 2022 it had 12 months to comply with the enforcement notice and it was now “nearly 10 months past the date”.

“I’m not waiting for them to plead guilty in six months,” he said.

Mr Dwyer adjourned the case to July 3 and demanded Imnau enter a plea on that date.

The DESI has appointed its own prosecutor to oversee the case.

The notices issued by the Department of Environment, Science and Innovation had required Imnau Holdings to:

• install an “engineer-certified cross-bracing system using the existing in-situ cast iron bracing from the building to the colonnade”,
• “reinstate the first-floor veranda using timber hardwood boards on timber hardwood joists and beams” with sub-floor drainage,
• “(resinstate) a gutter and associated plumbing to the outer edge” to replicate the original as outlined in photographs in a Conservation Management Plan prepared in 2009,
• “repair all missing rendering to the building’s facade matching new render to original render mix”, and
• “repair and reinstate the front facade columns including reconstruction of the entablature above the columns and classical triglyphs matching new render mix to the original”.